Citation : 2021 Latest Caselaw 1344 Raj/2
Judgement Date : 8 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14495/2018
1. Vinita Kumari W/o Shri Narendra Singh, Aged About 31
Years, Resident Of Ward No.5, Shyopura, Chanrapura,
Jhunjhunu (Raj.)
2. Ashok Singh Gurjar S/o Shri Omprakash Gurjar, Aged
About 27 Years, Resident Of Jagan Ka Poora, Badbajidpur,
Post Kaimari, Teh. Nadauli, Distt. Karauli (Raj.)
3. Giriraj Kumar Patidar S/o Nand Lal Patidar, Aged About 32
Years, Resident Of Chachhlaav Teh. Pidawa, Distt.
Jhalawar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Medical
And Health Services, Govt. Secretariat, Jaipur
2. The Director, Medical And Health Service, Swasthya
Bhawan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur
3. The Addl. Director (Admn.), Medical And Health Services,
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur
4. The Chief Medical And Health Officer, Jaipur-Ist, Jaipur
(Raj.)
5. The Chief Medical And Health Officer, Jaipur-2Nd, Jaipur
(Raj.)
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Vivek Tyagi, Dy.G.C.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
08/02/2021 This matter comes up on an early listing application.
Learned counsel for the petitioner submits that issue raised
in the present writ petition stands finally concluded in the bunch of
writ petitions as lead case Sunita & Ors. Vs. State of Rajasthan,
(2 of 3) [CW-14495/2018]
SB Civil Writ Petition No.838/2020, decided vide order dated
19.02.2020 wherein this court passed the following directions:
"6. In view of the judgement as rendered by the coordinate Bench of this Court at Principal Seat, Jodhpur, the petitioners in the present bunch of writ petitions are held entitled to be given the benefit of bonus marks on the basis of their experience certificates for the respective posts. The petitioners shall submit a copy of this judgement along with an application before the respondents mentioning the posts for which they have applied and the respondents shall consider the experience certificate and if the same is found to be in order, shall accordingly allot marks to the petitioners by adding bonus marks. The inclusion of the petitioners in the select list on the basis of addition of the aforesaid bonus marks would, however, be always subject to scrutiny of their experience certificate and even after appointment, if later on, it is found that the experience certificate submitted by them is in any manner having any mistake or is forged, the concerned incumbent would be given a show cause notice and thereafter his services can be dispensed with after examining reply."
Learned counsel for the petitioners submits that petitioners
had preferred this writ petition wherein while issuing notices, the
State Government was directed by the court vide order dated
13.7.2018 as under:
"In the meanwhile, the State-respondents are directed to consider the candidature of the petitioner(s) provisionally in the recruitment process involved herein, accepting his/her/their application forms offline and reckoning the period of experience on the basis of certificates subject to verification before appointment orders are made. However, participation of the petitioner(s) in the recruitment process involved herein shall remain subject to final outcome on this writ application."
Learned counsel submits that the respondents have however
not considered the experience certificate of the petitioners as their
writ petition is pending.
In view of the directions issued by this court in the case of
Sunita & ors. (supra), the present writ petition is also disposed of
(3 of 3) [CW-14495/2018]
in the aforesaid terms. The petitioners shall submit their
application along with judgment within a period of two weeks
henceforth and the necessary exercise shall be completed within
two weeks thereafter.
Accordingly, the writ petition stands disposed.
All pending application/s also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
NITIN /67
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